V.I.D.C. Through Its Executive Engineer, Bembla Irrigation Division, Yavatmal And Another v. Sau. Surekha Arunrao Kewte And Others

2 fa 70-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.166/2022 IN FIRST APPEAL NO.70/2022 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Irrigation Division, Yavatmal and another Vs.

Sau. Surekha Arunrao Kewte and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Vinay Dahat, Adv. h/f Shri J.B. Kasat, Adv. for appellants. Shri M.P. Kariya, Adv. h/f Shri V.D. Darne, Adv. for R Nos.1&2. Shri A.M. Kadukar, AGP for respondent Nos.3 and 4. CORAM : M.S. KARNIK , J .

DATED : 25/04/2022 This is an application by the claimants- respondent Nos.1 and 2 for grant of permission to withdraw the amount deposited by the appellant- Vidarbha Irrigation Development Corporation.

2.

Learned Counsel for the appellants submits that before the reference Court, the appellants had deposited an amount of Rs.1,57,705/-. The balance amount as per the award has since been deposited in this Court which amounts to Rs.2,13,434/- 3.

I have considered the submission of learned Counsel for the appellants who opposed the application. Having regard to the findings rendered by the Reference

2 fa 70-2022.odt Court and the averments made in the application, I am of the opinion that the claimants can be permitted to withdraw the amount which has been deposited in this Court along with accrued interest, if any.

4.

For the reasons mentioned in the application, the amounts deposited in this Court along with accrued interest is allowed to be withdraw.

5.

Liberty to file a separate application for withdrawal of the amounts deposited before the Reference Court which obviously shall be considered on its own merits. FIRST APPEAL NO.70/2022 1.

Heard.

2.

Admit.

3.

Call for the record and proceedings.

4.

Learned Counsel waives service for respondent Nos.1 and 2.

5.

Shri A.M. Kadukar, learned AGP waives service for respondent Nos.3 and 4.

6.

Private paper book to be filed within a period of six months from the receipt of this order.

[JUDGE] R.S.Sahare Signed By:RANJANA SAMEER SAHARE